IP Lateral Moves: Partnership Track Opportunities for Attorneys

Dear Sarah I.,

The Strategic Appeal of IP Practice

Intellectual property represents one of the most compelling practice areas for lateral partners, particularly those with your technical background and litigation experience. The convergence of technology advancement, increased patent filings, and complex regulatory landscapes creates sustained demand that many other practice areas struggle to match.

Your engineering degree positions you well for patent prosecution and litigation work, which commands premium rates and offers clearer paths to developing portable client relationships. Many firms seek attorneys who can bridge technical expertise with strong legal skills — a combination that can be valuable in the current market.

Market Dynamics Driving Opportunity

The IP landscape has evolved significantly, creating multiple entry points for experienced laterals. In markets like Seattle and the Bay Area, the concentration of tech companies has led many firms to develop substantial IP practices. These practices need attorneys who understand both the legal frameworks and the underlying technology.

AI and emerging technologies have created entirely new subspecialties within IP law. Privacy and data security laterals are often in high demand, with many commanding salary premiums over traditional practice areas, reflecting the scarcity of qualified practitioners. Your commercial litigation background actually provides valuable experience in the dispute resolution side that pure prosecution attorneys often lack.

Many large firms have been expanding their AI and tech transaction practice groups in recent years, creating new lateral opportunities that didn't exist even two years ago. This expansion often extends beyond traditional tech hubs, as many firms look to build IP capabilities in growing markets.

Building Your Partnership Foundation

IP practice offers several advantages for partnership development that traditional litigation sometimes lacks. First, the technical barriers to entry create natural moats around your expertise. Clients often develop long-term relationships with IP attorneys who understand their specific technology and business models.

The recurring nature of much IP work — patent prosecution, trademark maintenance, ongoing counseling — provides more predictable revenue streams than episodic litigation matters. This predictability makes it easier to demonstrate business development success and revenue generation to partnership committees.

Consider using tools like the partner portable book calculator to understand what level of business development you'll need to achieve in different markets. IP practices often have clearer metrics for measuring attorney contribution to client relationships.

Positioning Considerations

Your current experience positions you well for patent litigation, but consider developing broader IP capabilities. Many successful IP partners handle both prosecution and litigation work, providing comprehensive service to technology clients. This full-service approach often leads to stronger client relationships and more portable business.

The regulatory complexity in IP law means that deep specialization pays dividends. Whether it's PTAB proceedings, Section 337 investigations, or emerging areas like AI patent law, becoming known for specific expertise within IP can accelerate partnership prospects.

Geographic and Market Positioning

Location matters significantly in IP practice. While you can practice patent law from anywhere, proximity to innovation centers often correlates with business development opportunities. The Bay Area, Seattle, Boston, and Austin offer the highest concentrations of potential IP clients.

However, don't overlook emerging markets. Charlotte's fintech growth and healthcare sectors create IP needs that may be underserved by current practitioners. Sometimes being an early mover into a developing market provides partnership advantages that established markets don't offer.

If you're considering relocating, research current bar reciprocity requirements early, as requirements can vary by state and change over time.

Making the Strategic Move

The timing for IP laterals remains strong, but preparation matters. Consider taking the patent bar if you haven't already — it's often a prerequisite for the most attractive positions. Many firms will support associates through the patent bar process, but having it completed makes you immediately valuable.

Build on your existing patent litigation experience by staying current with Federal Circuit decisions and PTAB developments. The IP world values attorneys who understand both the technical and procedural aspects of patent law.

Your high billable hours demonstrate the work capacity that IP practices demand, but also consider developing business development skills early. IP clients often make decisions based on technical credibility combined with business understanding — a combination that successful IP partners master.

The fundamentals support IP as an excellent lateral choice for partnership-minded attorneys. The practice area offers technical barriers to entry, recurring client relationships, premium billing rates, and growing demand across multiple industries. Your background positions you well to capitalize on these advantages.